General terms and conditions

In these terms and conditions, the following definitions apply:

1. MADE BLUE: Stichting Made Blue Foundation, Water Made Blue B.V., and Made Blue B.V., acting individually or jointly.
2. Wederpartij: any natural or legal person acting in the exercise of a profession or business who enters into an agreement with MADE BLUE.
3. Overeenkomst: any written or electronic arrangement between MADE BLUE and the Counterparty regarding the supply of products and/or services.
4. Producten physical goods supplied by MADE BLUE, such as water coolers, installations, and related materials.
5. Diensten: all work performed by MADE BLUE or by third parties engaged by it, including (but not limited to) installation, maintenance, service, and donation programs.
6. Schriftelijk: communication by letter, email, or other digital means whereby the identity of the sender can be established.
7. Derden: any party engaged by MADE BLUE for (part of) the execution of the Agreement.

1. These terms and conditions apply to all offers, quotations, agreements, and deliveries of MADE BLUE, unless otherwise agreed in writing.
2. Deviations from these terms and conditions are only valid if agreed in writing.
3. The applicability of the Counterparty’s general terms and conditions is expressly excluded.

1. All offers from MADE BLUE are without obligation and valid for a maximum of three (3) months unless stated otherwise.
2. An Agreement is concluded after written acceptance or confirmation by MADE BLUE.
3. MADE BLUE is entitled to engage third parties in the execution of the Agreement.
4. Delivery or execution periods are indicative and never considered fatal deadlines.

1. The Counterparty ensures timely and complete provision of all required data and facilities.
2. The Counterparty is responsible for compliance with all placement and installation conditions as set out in the quotation or Agreement.
3. Additional costs due to negligence or incomplete information from the Counterparty are at their expense.

1. Placement of hardware, such as water coolers, is always outsourced to third parties.
2. MADE BLUE is not liable for errors or shortcomings of third parties, unless there is intent or gross negligence on the part of MADE BLUE.
3. The Counterparty indemnifies MADE BLUE against claims from third parties arising from or related to outsourced work.

1. All prices are exclusive of VAT and other government levies.
2. Payment must be made within fourteen (14) days of the invoice date, unless agreed otherwise in writing.
3. MADE BLUE may index prices annually based on inflation.
4. In case of late payment, the Counterparty is in default without notice of default and owes statutory (commercial) interest.
5. Extrajudicial collection costs are calculated in accordance with the “Rapport Voorwerk II.”

1. Delivered Products remain the property of MADE BLUE until the Counterparty has fully met all payment obligations.
2. As long as full payment has not been made, the Counterparty may not dispose of, pledge, or otherwise encumber the Products.

1. MADE BLUE guarantees the quality of delivered Products for a period of twelve (12) months, unless agreed otherwise in writing.
2. Complaints about visible defects must be reported in writing within seven (7) days after delivery.
3. Complaints about hidden defects must be reported in writing within fourteen (14) days after discovery.
4. Warranty expires in case of improper use, lack of maintenance, or modifications by third parties.

1. MADE BLUE’s liability is limited to direct damage up to a maximum equal to the invoice amount of the relevant delivery or the amount paid by the insurer.
2. MADE BLUE is not liable for indirect damage such as consequential loss, loss of profit, data loss, or business interruption.
3. These limitations do not apply in cases of intent or gross negligence by MADE BLUE.

1. Parties shall keep all confidential information received from each other secret, except insofar as disclosure is legally required or necessary for the execution of the Agreement.

1. MADE BLUE processes personal data in accordance with applicable privacy legislation (GDPR).
2. Processing takes place as described in the privacy statement on MADE BLUE’s website.

1. MADE BLUE may suspend obligations or terminate the Agreement if the Counterparty fails to fulfill its obligations.
2. Upon termination, MADE BLUE is entitled to compensation for costs already incurred and damages suffered.

1. MADE BLUE is not obliged to fulfill the Agreement in case of force majeure, including but not limited to natural disasters, war, pandemics, strikes, supply issues, and other circumstances beyond its control.
2. If the force majeure lasts longer than three (3) months, both parties may terminate the Agreement in writing.

1. Agreements for an indefinite period may be terminated by either party in writing with a notice period of two (2) months.
2. In case of premature termination by the Counterparty, amounts already invoiced remain payable.

1. All intellectual property rights remain vested with MADE BLUE.
2. MADE BLUE may freely use acquired knowledge, provided no confidential information is shared.

1. All legal relationships with MADE BLUE are governed exclusively by Dutch law.
2. Disputes are submitted to the competent court in Utrecht, unless mandatory law dictates otherwise.

1. The full terms and conditions are filed with the Chamber of Commerce in Utrecht.
2. MADE BLUE may amend these terms and conditions; the most current version is on the website.
3. In case of conflict between language versions, the Dutch version prevails.